New South Wales Consolidated Acts

MINING ACT 1992 - SECT 38

38 Land subject to exploration licence

(1) If an application for an assessment lease is made in respect of land that is wholly or partly subject to one or more exploration licences (other than exploration licences that include any mineral or minerals in respect of which the assessment lease is sought), the decision-maker must cause notice of the application to be served on the holder of every such exploration licence.

(2) The holder of an exploration licence served with such a notice may object to the granting of the assessment lease by lodging with the Director-General, on or before the date specified in the notice, a written notice stating the grounds of the objection.

(3) Any such objection is to be taken into consideration by the decision-maker when determining the application.

(4) This section does not apply to an application that is made with the written consent of the holder of every exploration licence over the land concerned.

(5) A written consent given under this section is irrevocable.